9. Officers Submit Marijuana as Evidence When the Possession is Illegal or Evidence of a Crime

Officers will submit all marijuana in the detainee’s possession to the Evidence Unit if the detainee is under the age of twenty-one or the quantity exceeds:

- One ounce of usable marijuana,

- Sixteen ounces of marijuana-infused product in solid form,

- Seventy-two ounces of marijuana-infused product in liquid form.

If a person is under arrest for DUI and in possession of a legal amount of marijuana, officers will submit the marijuana as evidence. This applies whether the person is booked for DUI or Investigated and Released (I&R).

10. Detainees May Keep Legal Amounts of Marijuana When I&R’d

Except in the cases mentioned above, if the person under arrest has a legal amount of marijuana, and the officer chooses not to book the person into jail, the marijuana stays with the personal property that the arrestee keeps upon release.

11. Officers Submit SKO Firearms as Evidence

The Evidence Unit will process SKO firearms as an item of evidence. Officers will complete a Property Release Supplement releasing the firearm to the owner at the time the firearm is submitted.

- The Evidence Unit (through the Public Request Unit) will complete a background check prior to releasing firearms.

- Exception: When the firearm is released to another Law Enforcement Agency, any background check that is performed is done at the discretion of the outside agency.

- Officers will inform the property owner to contact the Evidence Unit prior to showing up so that background information can be obtained.

- The background check takes 3-5 business days.

- Once the owner is notified, they have 5 business days to pick up the firearm or the background process must start over.

11.050-PRO-1 Securing and Transporting Detainee Property

Arresting/Searching Officer

1a. Captures a digital image of the detainee’s property and loads the image into DEMS and records the detainee’s property and its disposition on the Detainee Property Form (form 26.4)

or

1b. Captures the detainee’s property using the BWV system.

2a. If the detainee’s property is photographed and the Detainee Property form is used:

- Reviews the form with the detainee and distributes the completed copies.

- Original (white)-submitted to Data

- Copy (yellow)-detainee’s copy

- Places the yellow copy of the Detainee Property Form with the detainee’s property.

2b. If the detainee property is recorded using the BWV:

Gives a verbal narrative to include:

- The name of the officer conducting the inventory and the name of the witness officer,

- The name of the detainee

- A description of each item inventoried

- If the item is going anyplace other than the detention facility, indicate the disposition as follows:

- SKO (Safekeeping Only)

- Discard Perishable

- Other disposition (specify)

3. Secures detainee property in a locker when practical.

4. Informs the transport officer if applicable, that the detainee has property.

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